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CORRESPONDENCE 



BETWEEN 



(Stiural apmii iiiii '§}i\px (llnicrd^^aiicocli, 



RELATIVE TO THE REMOVAL OF 



Members of the City Council, New Orleans. 



Headquarters, Fifth Military District, 

New Orleans, Feb. 27, 1868. 

To Bvt. Maj. Gen. L. Thomas, Adjt. Gen., TJ. H. A., Washington, D. C: 
General — I have the honor to transmit herewith, copies of 
my correspondence with the General in Chief, in reference 
to my recent action concerning the removal from office of 
certain Aldermen and Assistant Aldermen of the Council of 
the city of New Oi'leans, made by me, " for contempt of the 
orders of the District Commander." 

I request that the same may, in the appropriate manner — as 
explanatory of my action, and for his information — be laid 
before His Excellency, the President of the United States, 
with this, my request, to be relieved from the command of 
this Military District, where it is no longer useful or agreeable 
for me to sei've. 

When relieved, should the exigencies of the service permit, 
it would be most in accordance with my inclinations, to be 
sent to Saint Louis, Missouri, there to await further orders. 
I am. Very Respectfully, 

Your Obedient Servant, 

W. S. HANCOCK, 

Major General, TJ. S. Armv. 



--^^yy^^ 



Wv^ 



[TLl- lono\vin<;- vras forwarded Geu. Grant, Jau. 28, 1868.] 

NEW ORLEANS RSPUBLICAN 

CUT COUXOIL— OFFICIAL. 

BOAED OF ASSISTANT ALDERMEN. 

llEGULAE ilEETI.VG. 



City Hali., New Oeleans, Feb. 4, 1868. 

The Board met iu regular session. 

Preseut: Messrs. Sterry, Sampson, Perkins, Mary, Davies, 
Tliezan, Dunn, Straight, friavinet and Joubert. 

On motion of Mr. Straight, Mr. Sauvinet was elected Presi- 
dent 2^^'o tern. 

The reading of the minutes of the j)revious meeting, was, 
on motion of Assistant Alderman Perkins, dispensed with. 

COMMUNICATIONS FKOM Cnv OmCERS. 

The foIIoAving communication from the Mayor, and accom- 
I)anyiug documents from Headquarters, Fifth Military Dis- 
trict, were received: 

Mayouai.ty ok New Ohieaks, 
City Hall, Jau. 27, IS'JS. 

To the Honorable the Board of Assistant AltlerMcn : 

Gentlemen — I traiismit herewith a coninmuicationfrom Major General W. 
S. Hancock, commanding the Filtli Military District, iu rolerencu to tho pro- 
posed election by the Honorable Council, of a llecordor of tho Second District 
of tho city. 

Very respectfully, 

E. HEATH, Mayor. 

HEAI«il'AnTEl!8, ElFTII iriI.lTAIlY HlSTIUCT, 

Office Secretary Civil Affaira, Ncav Orleans, La., Jan. 25, 1868. 
Mayor E. Heath, Xew Orleans, Louisiana : 

Silt — The attention of thu Major General commanding, having been called 
to a resolution of the Board of Assistant Ahh'rmon of the city of Now Or- 
leans, adopted on tho 21st instant, relative to an election of Kccordcr of tho 
Second District, I am directed by him to invite your attentiim to the provis- 
ions contained iu the iirst and second sections of tlie supplementary recon- 



3 

stiuction act of Congress, jiassed July 19, 1867, nnd to l'aragr;i])li -2, i>\' S])e(ial 
Orders No. 7, from these Headquarters, dated Mureb 28. 18!J7, copies of whicli 
are herewith inclosed. 

Very Kespeetfully, 

, Your Obedieut Servant, 

R. CHANDLER, 

Captain Thirteenth Infantry, Asst. Sec. Civil Affair.s. 



AN ACT supplementary to an act, entitled '' an act to provide for the more 
elfteient government of the rebel states," passed on the sccondday of March 
18()7, and the act supplementary thereto, passed on the twenty-third day of 
March, 1867. 

Be it, enacted by the Senate and Houxe of Rex^resentatioes of the United States 
if America, in Vcngrets assembled, That it is hereby declared to have been the 
true intent and meaning of the act of the second day of March, 1867, entitled 
" an act to provide for the more efficient government of the rebel States," 
and of the act supplemc^ntary thereto, passed on the twenty-third day of 
Miiieh, in the year 1867, that the governments then existing in the rebel 
States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, 
Alabama, Louisiana, Florida, Texas and Arkansas, were not legal State gov- 
ernments ; and tliat thereafter said governments, if continued were tobe con- 
tinued subject in all respects to tlie ^Military Commanders of the respec- 
tive Districts, and to the p.iramount authority of Congress. 

Sec. 2, And be it further enacted. That the Commander of any District 
named in said act shall have power, subject to the tlisapproval of the General 
of the Army of tlie United States, and to have effect till disapproved, when- 
ever in the opinion of such commander the proper administration of said act 
shall require it, to suspend or remove from office or from the performance of 
official duties and the exercise of official powers, any officer or person holding 
or exercising, or ])rofessing to hold or exercise, any civil or military office, or 
duty in such District, under any power, election, appointment or authority 
derived from or granted by, or claimed under any so-called State or the gov- 
ernment thereof, or any municipal or other division thereof, and upon such 
suspension or removal such commander, subject to the disapproval of the 
(jeueral as aforesaid, shall liave i)ower to provide from time to time for the 
performancr^ of the said duties of such officer or person so suspended or re- 
moved, by the detail of some competent officer or soldier of the army, or by 
the appointment of some other person to i)erform the same, ami to till vacan- 
cies occasioned by death, resignation, or otlierwise. 



Headquautkks, Firm MiLriAur District, 
Special Orders No. 7. New Orleans, La., March 28, 1867. 

2. It is hereby announced for the information and gnidauce of all concerned, 
tliat no elections for State, Parish, municipal, or judicial offices, will be held 
in the State of Louisiana, until the provisions of tlie laws of Congress, entitled 
"An act to provide for tlu! more efficient government of the rebel States," and 
of the act supplemental thereto, shall have been complied with. Until elec- 
tions are held in accordance with those acts, the law of the Legislature of the 
State of Louisiana, approved March 15, 1867, which provides for the continu- 
anei' in the performance of tlieir duties of tliose persons wliose term of office 



would otherwise have expired, will govcru all cases except those which luay 
be specially acted itpou at these Headquarters. 

Bj- Command of Major General 1'. H. Slieridan : 

GEO. L. HARTSUFF, 

Assistant Adjutant Gemral. 



The Board of Aldermen entered, and the Council went into 
joint session. 

Assistant Alderman Joubert explained the object of the 
session — the election of a Recorder for the Second District, 
and spoke earnestly in favor of pressing the said election. He 
submitted for the information of the Board the decree of the 
Supreme Court of the State of Louisiana, wherein the pres- 
ent incumbent is forbidden to perform the duties and func- 
tions of the office, and the Council notified to elect a Kecor J- 
er. The gentleman theu referred to the first order of Gen- 
eral Hancock, commanding the Fifth Military District, in 
which he declares that civil lawshallrule with certain restric- 
tions, and believes that the said order was authority in itself 
for entering into an election. 

He therefore moved that the Council proceed immediately 
to elect a Recorder for the Second District. 

Mr. Joubert was followed by Messrs. Perkins, Dewees, Sta- 
pleton, Sampson, Sterry, Davies and Burbauk, all of whom 
opposed hasty legislation in the premises. Mr. Perkins was 
of opinion that the letter of General Hancock amounted to 
an order. 

Mr. Davies referred to an act of the Legislature which re- 
tains in office the incumbent. 

Mr. Dewees thought that a committee should be appointed 
to wait upon the General commanding, and explain to him 
that Mr. Gastinel was still acting Recorder, notwithstanding 
the decree of the Supreme Court, and that his acts were in 
consequence illegal. 

Mr. Sauvinet vacated the Chair, obtained the floor, and 
gave his opinion at length in support of the motion of Assist- 
ant Alderman Joubert. He concluded his remarks by urging 
immediate action. 

Mr. Graham coincided with the views of Messrs. Sauvinet 
and Joubert, and expressed himself in favor of immediate 
action. 



Mr. Burbank moved to j./Ostpone action on the whole sub- 
ject matter. Lost by the following vote : 

Yeas — Messrs. Burbank, Dewees and Stapleton, of the 
Board of Aldermen ; and Messrs. Sterry, Sampson, Perkins 
and Davies, of the Board of Assistant Aldermen. 

Nays — Messrs. Graham, Dumas and Clay, of the Board of 
Aldermen ; and Messrs. Mary, Thezau, Dunn, Straight and 
Joubert, of the Board of Assistant Aldermen. 

The original motion was then jjut. 

On calling the roll of the Board of Assistant Aldermen, it 
was ascertained that there was no quorum — two of the honor- 
able members of that body having left the room. 

On motion of Mr. Dewees, the Board of Aldermen retired. 



Headquautehs, Fifth Military Distuict, 
Special Onk-rs No. 28. Kew Orleans, La., Feb. T, 1868. 

4. Fov proceeding to hold an electioii for Recorder of the Second District, 
city of Kew Orleans, in contempt of orders from these Headcxuartors, the fol. 
lowing nienihers of the Boards of Aldermen and Assistant Aldermen, of the 
city of New Orleans, wlio voted for the resolution, (military appointments,) 
are hereby removed, viz : 

James Graham, F. E. Uumas, Jno. R. Clay, of the Board of Aldermen ; and 

A. Mary, S. Thesan. O. J. Dunn, S. Straight, B. F. Joubert, 0. S. Sauvinet, 
of the Board of Assistant Aldermen. 

J. N. Lea, liobt. J. Watson, Guy Duplautier, are hereby appointed members 
of the Board of Aldermen ; and 

Williamson Smith, Geo. Urqnhart, J. H. Moore, 1'. H. Moigan, Chas. Lean- 
mont, J. S. Wliittaker, appointeil members of the Board of Assistant Alder- 
men. 

J. H. Oglesby is appointed a member of the Board of Assistant Aldermen, 
in pUu'e of C. L. Gumbel. resigned. 

Upon accepting these appointments, the above named persona will transmit 
to tliese Headnuarters a copy of the oath jn-escribed by law. 
By Command of Major General Hancock : 

GEO. L. HAllTSUFF, 

Assistant Adjutant General. 

[TELEOUAM HEXT FEB. 7, 18«8.] 

HEAUQUAUTEKS, FlKlH MiLITAUY DiSTUICT, 

New Orleans, La., Feb. 7, 1868. 
Gen. U. S. Grant, Washington, D. C: 

I have removed nine members of the City Council — two white and seven 
colored— for contempt of the orders of the Military Clbmmander, in proceeding 
to an election for a Recorder for the Second District, and which is an elcctivo 
oftiie (under th»' law) by the jieoph-. and not by the t'ouncil. 



The attempt to hold theelection was made while I was absent in Texas, but 
the Couucilwas referred to General Sheridan's order forbidding election, until 
reconstruction was completed, without the authority of the Commanding 
General; nevertheless these members voted for an immediate election, and the 
project was carried ; theelection was about to be ci>mpleted, when one or two 
members, more tinned than these, left, and broke the quorum. 

A case in point is the order of General Mower ; Special Orders 162, of October 
15th, 1867, removing the Jefferson City Council for a like offense. 

My action in this matter, was in accordance with the power granted by the 
Eeconstruction Act, which allows the District Commander to suspend or 
remove jiersons from office, and to provide from time to time for the ijerform- 
ance of the duties of persons removed, by appointments, etc. 

W. S. HANCOCK, 

Maj. Gen., U. S. Army. 



Keadquaiiteus. Fifth Military Dibiuict, 
Special Orders No. 162. New Orleans, Oct. 15, 1807. 

5. For passing an ordinance for the election of ciiy officers in direct viola- 
tion of Special Orders No. 7, current series, from these Headquarters, the 
members of the present Board of Aldermen of the city of Jefferson, Louisiana, 
are hereby removed, and the following named persons appointed to till the 
vacancies : 
First Ward. — John Moylau, F. B. Stamps. 
Second ^yanl. — Frederic Frye, Benjamin Campbell. 
Third Ward. — John Page, J. B. E. Laiche. 
Fourth Ward. — Ursin Lavigue, J. H. A. Iloberta. 
Fifth Ward.—S. N. Burbank. 
By Command of Brevet Major General Josepli A. Mower : 

GKO. L. HARTS UFF, 

Assistant Adjutant Cieueral. 

[TELEGliAM ItECEIYED FEB. 8, 1868.] 

Wasliington, D. C, Feb. 8, 1868. 
Major General W.S. Hancock. Commanding: 

Susi)end your order removing City Council of New Orleans, until full report 
of reasons is sent. Answer by mail. 

U. S. GKANT, General. 



[TELEUKAM SENT FEB. it, 1868.] 

Headquauteks, Fifth Militauy District, 
New Orleans, Feb. 9th, 1868. Sunday— 2:3;), P. M. 
Gen. U. S. Grunt, ConuUj. Army of the TJ. S., Washington, D. C: 

Your dispatch of February 8th, dii-ecting mo to suspend my special orders 
remo^"ing certain members of the City Council of New Orleans, until a full 
report of reasons tbta'el'or should b(i sent to you, was received about 10, A. M. 
to-day. 



1 request that you may reconsider your actiou, and that my order in tlie 
premises be not suspended until you have the full report of the reasons called 
for by you. I telegraphed you at the moment the orcUsr was issued, giving as 
full a statement of my reasons tor actiou as I believed could be made. I re- 
ferred you to tlie orders of General Slieridaa forbidding elections, which you 
have on iile atj-our He;idiiuarters, and stated that the City Council had beou 
previously notified of this order by mo. I also referred you to an order of 
General Mower, issued in October last, which sets forth a parallel case, and 
which you have on tile. In that case, an appeal was taken to you, for a rein- 
statement of the Council removed by General Mower, which apiieal you have 
not svistaiued. The present case, was in defiance of that example, of General 
Sheridan's orders, and of my own letter cautioning the Council to desist in 
this election, and forwarded to you (printed copy) January iUJth- It was 
illegal under the law by which they claimed to act. 

1 was astonished at tliis action of the Council, and could not account for it 
except in the fact that they had been instigated to it by designing men, who 
believed if I dared to m.ike those removals, that it would cud in my own re- 
moval from this place, and that they would be protected. At any rate, my 
self-respect as Commander of this District, maile it absolutely necessary that 
1 should take summar,>- measures — regardless of couseuuences with wbi<'h 
partisans miglit threaten me. 

I tlo not know what fuller report could be furnished in this case, for all the 
papers explaining my action h.ive been sent to you . 

To suspend my order, would be to destroy my usefulness licre ; and in such 
case, a sense of what I consider due to mo and my position, in this matter, 
would necessitate a respectful request to be relieved from my present command. 

Although I have been here seventy days, this is the second occasion I have 
taken on my own resi>onsibility to make a removal, the first one two days 
pre vious to t his ; both for grave reasons reported to you in detail by telegraph ; 
and while I fully recognize the power of the General in Chief to disapprove 
my action, 1 respectfully request, that as 1 have acted upon a full knowledge 
of the facts, the General in Chief may delay his action until he can inform me 
what further papers or intormation he may desire in adilition to what has 
been furnished, for a full understanding of the case under consideration. 

My action in the premises was originally based upon the first and second 
sections of the Supplementary Kecojist ruction Act, of July 9, 1867. 

1 wait your rei)ly before issuing the order directed. 

W. S. HAXCOCK, 

Maj. Gen. U. S. A., Commanding 

[TELEGRAM liECElVED FEB. 11, 1HG8.] 

"Washington, D. C, Feb. U, 1868. 
Major General W. S. Uancoek, Commanding : 

If your order removing City Council has been executed and new appoint- 
ments are in, you reed not suspend orders as directed. 

\J. S. GRANT, General. 

[TELEGRAM SE\T FEB. 11, 1868.) 

IlKADQUAUTEltS, FlFTII MiLlT.VRY DiSTIf.CT, 

Office of Secretary Civil Affairs, New Orleans, Feb. 11, 1808. 
General U. S. Granf, Waxhiiuitoii, D.C.: 
The change in the City Council was an accomplished fact when your dispak'h 



of the 9th of February was received. Several of the new appointees had al- 
ready filed copies of tlieir oath of office. 

In my selection, I have appointed the best men to office, without regard to 
their political sentiment.'*. All must take the required oatli. 

The change will be of immense advantage to the city, as the poor, of which 
the city is principally composed, are dependent upon the public contidence. 

W. S. HAisXOCK, 
Major General, IT. S. A., Commanding. 

[LETTER RECEIVED EEB. 27, 18(i«.] 

Headquarters, Army of the Unitkd States, 
Wa.sliington, Feb. 21, 1868. 
Maj. Gen. W. S. Hancock, Commanding Fifth Military District : 

General — Tour report of date the 15th instant, in response to a telegiam of 
the General Commanding the Army, dated the 8th instant, in the matter of the 
removal of certain Aldermen and Assistant Aldermen of the city of ifew Or- 
leans, for contempt of military ordens, is reccivid. In tlie same matter there 
lias also been received a memorial from .said Aldermen and Assistant Alder- 
men. 

From the ;■ ])ort and memorial, and your previous telegrams, the following 
facts appear : 

The office of Ttecorder of the city of Xew Orleans, is elective by the people, 
but in case of a vacaTicy, it is made the duty by law of the Boards of Alder- 
men and A.ssistant Aldermen, in joint meeting, to elect viva voce, a person to 
lill the vacancy. The office of Kecorder of the Second District of New Orleans, 
was, by the Supreme Court of Louisiana, adjudged vacant, and the city of 
New Orleans was ordered to be notitied to proceed according to law, to elect a 
llecorder for said District, which judgiiient was made final January 2), 18(18. 

In pursuance of this order of the Court, the Boards of Aldermen and Assis- 
tant Aldermen met in joint sessiim on the fourth day of February, 1868, to 
elect a Recorder for said Second District. 

At this session was road a communication, written by Captain Chandler, 
Assistant Secretary Civil Affairs, and purporting to be by your direction, in- 
viting attention to the first and secoiul sections of the sapplement-.ry recon- 
stiuction act of Congress, passed July 19, 1867, and to paragraph 2, Special Or- 
ders No. 7, from Headquarters, Fifth Military District, dated March 28, 1867. 
At the date of tliis commnnicatiiui, viz; : January 25, 1868, and before any ac- 
tion of either branch of the Council had Iteeu had relative to the election 
therein referred to, you were absent from the city of New Orleans, in the State 
of Texas. 

This communication did not in tenns forbid the election, neither did the 
sections of the act to which it referred, except, as it might be inferred from 
the second section, wherein the District Commander is empowered under cer- 
tain restrictions, "to fill vacancies occasioned by death, resignation or other- 
wise." 

Section 9 of this act, as well as the original reconstruction act of March 2, 
1867, recognizes the light of the State and numicipil authorities to ai)point 
and elect officers under certain restrictions and limitations; but tho cxer<^i.so 
of this right is subject to the authority of the District Commander. 

Subseciueut lo the issuing of Sjiecial Orders, No. 7, referred to, and during 
tile administration of G(^nerals Slieridan and Mower, the Citv Council of New 



Oilcans dill iu somu cases till vaoaucics iu corjioration offices under the pro- 
visions of Section 24, of the city charter of New Orleans, in the same manner 
as is provided for flUiug a vacancy in t^ie office of Recorder. 

And after you assumed command, the office of City Attoi-ney was tilled un- 
der the same avithority, and in the same manner. Xo exce^ition was taken iu 
any case by any of the District Commanders to such action. 

On assuming cummiiud of the District you announced iu General Orders 
No. 40, of November 29, 1867, that it was your purpose to preserve peace and 
quiet in your command, and that as a means to this great end you regarded 
'■ the maintenance of the civil authorities in the faithful execution of the laws 
as the most efficient, under existing circixmstauces." Also that when the 
" civil authorities are ready and willing to perform their duties, the military 
power should cease to lead, and the ci^dl administration resume its natural 
and rightful dominion."' 

Under this statement of facts, the City Council of New Orleans might rea- 
sonably have presumed it to be their right and duty, especially so under the 
orders of the Court, and your Order No. 41), to fill the vacancy iu the office of 
Recorder, as it aj)pear8 they did from your report of this case, dated February 
15, 1868. The same facts too, in connection with the printed report of their 
proceedings, embraced in your report of February 15, 1868, precludes the pre- 
sumption of any intended contempt of the military authority by the mem- 
bers of the City Council. 

The case of " Jetfcrson City Council " is not deemed a parallel one, in this, 
that they had not their own un(]^uestioued acts iu similar cases, nor the order 
of the District Commander to justify them. 

There being no contempt of military authoriti' intended by the Boards of 
Aldermen aud Assistant Aldermen of the city of New Orleans, removed by 
Special Orders No. 28, Headquarters, Fiftli Military District, dated February 
7, 1868, and a proper administration of the reoonstructiou acts not requiring 
their removal, said Special Orders removing the Aldeiraen aiul Assistant 
Aldermen therein named, and appointing others in their stead, is hereby disap- 
l)roved aud revoked, and the members of the Bo.xrds of Aldermen aud Assist- 
ant Aldermen removed by it, are hereby reinstated, aud will resume their 
duties as Aldermen and Assistant Aldermen of the city of New Orleans, the 
same as if said order had not been issued. 

You will please carry this order into etiect. 

By Command of General Grant : 

JNO. A. KAWLINS, 

Bvt. Maj. Gen. and Chief of Stall". 



[tklegbam sext feb. 27, 1868.] 

Headquarters, Fifth Military District, 
New Orleans, La., Feb. 27, 1868. 
Gen. U. S. Qran', Comdg. Army of (lie U. S., Washington, D. C: 

Your letter of the 21st inst. i.s this clay received, disapprov- 
ing and revoking my order, (Special Orders No. 28,) "which 
removes the Aldermen and Assistant Aldermen of the city of 
New Orleans, therein named, and appointing others in their 
stead : also reinstating the members of the Boards of Alder- 



10 

men and Assistant Aldermen, and directing that tliey will 
resume their duties as Aldermen and Assistant Aldermen, the 
same as if said order had not been issued. 

My action in the removal of the members of the City Coun- 
cil of New Orleans — who are reinstated by your order — was 
adopted after grave deliberation, and, as I believe, Avas the 
result of a necessity imposed on me, which could not have 
been avoided without a disregard of the interests of the public 
service, and of the obligations imposed on me by the Becon- 
struction Acts, and by the orders of my predecessor. It is in 
substance declared in the Reconstruction Acts, that the gov- 
ernment of the rebel States, if continued, are to be contiuued 
subject in all respects to the Military Commanders of the 
respective Military Districts, etc. In section 6, of the Act 
passed March 2d, 1867, it is enacted that "until the jjeople 
of said rebel States shall be by law aJmitted to representation 
in the Congress of the United States, any civil government 
which may exist therein, shall be deemed jprovisional only, 
and in all resi^ects subject to the paramount authority of the 
United States, at any time to abolish, modify, control or 
supercede the same. " Under the aut'iority of that section, 
my predecessor in command of this District issued Special 
Orders No. 7, dated March 28th, 18G7, in which he prohibited 
the holdiug of any election for State, parish, municipal or 
judicial officers, in the State of Louisiana, until the provis- 
ions of the laws of Congress shall have been complied with. 

The office of Recorder for the Second District in the city 
of New Orleans, is a judicial office of great importance in the 
administration of criminal justice. By the laws of the State, 
that office is elective, and is to be filled by a vote of the 
people of the District. Since the order of my predecessor 
was issued, I am not aware that any election by the people 
has been holden in the State to fill any office; nor am I aware 
that the City Council has by its action filled any office, other 
than such as the Council is authorized to till under the law 
creating the city governmeut. The City Attorney referred 
to in your letter, is an officer appointed to transact the legal 
business of the city, and he is by law to be chosen by a vote 
of the City Council. The selection of a person to fill the 
office, is a part of the duty imposed on the City Council by 
the charter, after it ouce become an organized body. The 



11 

office of Eecorder for one of the Districts into wliicli the city 
is divided, is not an office coaotod . by law for the admiuistra- c^^.^^ 
tion of municiijal business, but is one in which the people of 
the cicy at large, and the public in general are interested. It 
is, therefore, by lav/' lilled (in the ordinary condition of 
things) by an election by the j)eople; and the City Council 
has no authority to act in relation to it, except it be to pro- 
vide temporarily to prevent a vacancy in it during the inter- 
vals betv/een the elections pro\dded for by law. It is in no 
sense an office with which the City Council has any concern 
in the administration of municipal business ; and in my 
opinion was clearly embraced in the term of the order of the 
28th March, 1867, issued by my predecessor. 

The Jefferson City Council was removed by General Mower, 
because they ordered an election to be held for the appoint- 
ment of their successors. This action on the part of the 
City Council was in direct contravention of the order referred 
to; and in my view, the action of the members of the City 
Council of New Orleans in attempting to fill the office of Re- 
corder for the Second District of the city, was not only in 
violation of that order, but was also an assumption on their 
, part, of the right to exercise the authority to fill offices of a 
general nature, which is, by the Keconstruction Acts, specially 
delegated to the District Commander. 

It is true that General Orders No. 40, issued by me, to 
which you refer, declares that when " insurrectionary force 
has been overthrown and peace established, and the civil 
authorities are ready and willing to perform their duties, the 
military power should cease to lead, and the civil administra- 
tion resume its natural and rightful dominion." And I con- 
ceive that no violence was done to the principle enunciated 
in the declaration, when I gave effect to the order of my pre- 
decessor, and restrained the members of a municipal T)ody 
from doing an act for which no existing law gave them any 
authority. 

In conclusion, I will, only observe that I entertain serious 
apprehensions that the revokation of my order, and the re- 
establishment of the Council removed by me, will be injurious 
to the public interest, and increase the embarrassments under 
which the community is now laboring. Your order will be 
immediately executed. 

W. S. HANCOCK, 

Maj. Geu. U. S. A., Commanding. 



12 

IlEAlUjLARTERS, FlFTU MlLlTAIlV Dl.sTKICT, 

Special Orders No. 44 . New Orleans, La. , Feb . 27, 1868. 

4. By "direction of General Grant, so much of Paragraph 4, of Special Or- 
ders Ko. 28, current series, from these Headquarters, as removes the Alder- 
men and Assistant Aldermen of the city of New Orleans, therein named, " for 
contempt of orders from these Hoadfiuarters." and appoints others iu their 
stead, is hereby revoked, and the members of the Boards of Aldermen and 
Assistant Aldermen removed by it, are hereby reinstated, and will resume 
their duties, the same as if the said orders had not been issued. 

So much of Paragraph 2, Special Orders No. 41, current series, from these 
Headquarters, as appoints certain persons members of the Boards of Alder- 
men and Assistant Aldermen of the city of New Orleans, in place of previous 
appointees who had declined or failed to qualify, is, in consequence, also re- 
voked. 
Bv Command of Major General Hancock: 

■' GEO. L. HAPv,TSUFF, 

Assistant Adjutant General. 



[LFA'TEll RECEIVED MAROR 5, 18G8.] 

HEADQUAIITEHS, AltMY OF THE TJXITED St.VTES, 

Washington, Feb. 29, 1868. 
Major Oencral TT. »S^ Hancock, Commanding Fifth Militanj District: 

Gexeral— -Tour telegrapliic dispatch of the 27th inst., in reply to my order, 
revoking your order displacing a portion of the City Council of New Orlc.ins, 
and appointing their successors, is received. There was nothing in my order 
which doubted your authority to make removals and appointments when the 
public exigency requires it. I only exercised an authority given to mo as 
General of the Army, under whicli law both of us find our autliority to act in 
such matters. Your order of removal was b.ised on certain charges which I 
did not tliiuk were sustained by the facts as they were presented to me. 

Dispatches of such length as yours should bo sent by mail, wlien there is 
not a greater necessity for jirompt reply than seems to exist in tliis case. 
Very Kespoctfully, 

Your Obedient Servant, 

U. S. GRANT, Geueral. 



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